If my soon to be ex wife and I both agreed to the terms of no fault divorce in property division and no alimony and we both

signed the no fault decree in front of a notary and the papers were filed within the court system, are the signatures legal and binding within court? The ex wife changed her mind, changed the terms of the agreement, signed the papers in front of a notary, and has legal representation. What I am wanting to know is are the papers that were filed first with both of our signatures legal and binding within the family court system.

Renick, WV -

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Attorney Answers (2)

Seth S. Gaskins

Seth S. Gaskins

Divorce / Separation Lawyer - Charleston, WV
Answered

If the first agreement was approved by the Family Law judge it should be valid over her recent attempt to rescind the earlier agreement. You need to see a family law attorney to protect your rights. If you cant find anyone in Greenbrier try www.chelsea-legal.com. Good luck.

My answers to questions are for general purposes only and do not constitute legal advice or establish any attorney-... more
Thomas J Callahan

Thomas J Callahan

Family Law Attorney - Hanover, MA
Answered

The law as applied here in Mass., and likely elsewhere, is that once the agreement is signed, it is a binding contract. The Court's approval turns it further into a judgment of the Court. Whether it reached the stage of court approval or not, she is entitled to try to get out from under it, but it will not be easy. People are free to contract as they wish, and free to act without attorneys and make bad legal decisions. However, if she made a significant legal mistake by not being represented or if it were found you misled her or forced her in the negotiations, then she may very well get relief in the first instance and definitely will in the latter two instances. A mere change of mind should not be enough, but it could turn on the significance of the issue she wants to change and how much of a disadvantage she would be in by enforcing the first agreement.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

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